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Fee Shifting In Litigation: Survey And Assessment, Avery W. Katz, Chris William Sanchirico
Fee Shifting In Litigation: Survey And Assessment, Avery W. Katz, Chris William Sanchirico
Faculty Scholarship
Should the party who loses in litigation be forced to pay the legal fees of the winner? This paper surveys the economic literature regarding the effects of legal fee shifting on a variety of decisions arising before and during the litigation process. Section 2 provides a brief survey of the practical situations in which legal fee shifting does and does not arise. Section 3 analyzes the effects of indemnification on the incentives to expend resources in litigated cases. Section 4 examines how indemnification influences the decisions to bring and to defend against suit, and Section 5 assesses its effects on …